ATTORNEY INTERNE

About the Department

The Department of Social Services (DSS) comprises the administrative units of the New York City Human Resources Administration (HRA) and the Department of Homeless Services (DHS). HRA is dedicated to fighting poverty and income inequality by providing New Yorkers in need with essential benefits such as Supplemental Nutrition Assistance, Cash Assistance, Emergency Assistance, Medicaid, Child Support, Fair Fares, as well as eviction prevention and rehousing assistance. DHS is committed to preventing and addressing homelessness in New York City through innovative strategies to help families and individuals successfully exit shelter and return to self-sufficiency. DSS also includes administrative and supportive divisions such as the Office of Legal Affairs, which encompasses the Fair Hearing Administration and other litigation and counseling units.

About the Role

The Fair Hearing Administration within DSS is responsible for providing representation of the Agency at NYS Administrative Hearings in program areas for HRA, including Cash Assistance (CA), Supplemental Nutrition Assistance Program (SNAP), Investigative Revenue and Enforcement Administration (IREA), HIV/AIDS Services Administration (HASA), Adult Protective Services (APS), Homecare, and the Medical Assistance Program (MAP). The Fair Hearing Administration also represents the Agency in administrative hearings involving the Department of Homeless Services and HRA-administered shelters for domestic violence survivors.

The Intentional Program Violation and District Attorney Referral (IPV/DAR) Unit provides litigation services and legal counsel on matters relating to fraud, in accordance with Federal, State, and City laws and regulations. Under the direction of the IPV/DAR Unit Agency Attorney III or other unit supervisor, the Attorney Interne performs legal work and research, drafts internal memoranda, and prepares documents for court or administrative proceedings.

Responsibilities

• Provide legal representation of the Commissioner of the Department of Social Services in Administrative Disqualification Hearings before State administrative bodies, as well as proceedings in city or state court relating to Intentional Program Violation litigation, including Article 78 proceedings.
• Prepare court documents, administrative proceeding documents, or forms, including but not limited to: ADH requests, evidentiary packets, motions, answers, responses to interrogatories, and legal memoranda based on legal, policy, and evidentiary research.
• Review policies, laws, regulations, and legislation to advise executive, operational, and other legal staff on questions of law, fact, and administrative policy/procedures in connection with special projects, high-priority initiatives, and fair hearing avoidance matters.
• Review case records and investigation records, interview witnesses, gather evidence, and determine whether the evidence is sufficient to sustain an IPV finding or meets the threshold for a DA referral for prosecution.
• Prepare formal requests for ADHs and provide OTDA’s Office of Administrative Hearings with a supporting evidentiary packet electronically for incidents that meet the IPV evidentiary standard.
• Prepare and present cases to outside prosecutorial agencies where the total value of the crime is less than $15k or the anticipated top charge is a class C felony or lower.
• Collect and review evidence submitted by the client or their counsel, conduct same-day conferences to settle the IPV as appropriate or requested.
• Ensure service of the evidentiary packet and notice of hearing on the client/client’s representative is completed appropriately and within expected time standards, including proof of service.
• Provide legal counsel to program areas and negotiate settlements and stipulations in fraud matters.
• Liaise with district attorney staff and gather responsive documents to subpoenas of agency documentation in relation to fraud or IPVs.
• Assist in developing litigation strategy by determining the advisability of presenting witnesses, the admissibility of evidence, and preparing witnesses for testimony and cross-examination.
• Maintain case files, update notes in Fair Hearing’s case management system, and record case status.

Requirements

• Graduation from an accredited United States law school as defined in the Rules of the New York Court of Appeals (Sections 520.3 or 520.5) or admission to the New York State Bar.

Preferred Skills

• Prior criminal law experience, education, and/or interest.
• Prior courtroom or administrative tribunal experience or observation.
• Familiarity with proper courtroom etiquette.
• Knowledge of criminal law and procedure.
• Superb legal research and writing skills.
• Exceptional attention to detail and organization.
• Time management discipline.
• Excellent communication skills, disposition, and ability to work well alone and with others.

Benefits

• Eligibility for federal loan forgiveness programs and state repayment assistance programs (Public Service Loan Forgiveness). For more information, visit the U.S. Department of Education’s website.

Pay

$72,510.00 – $83,388.00

New York City residency is not required for this position.